Terms
THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME (“Terms”), ARE A BINDING CONTRACT BETWEEN frizigame (i.e. We) AND YOU). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE frizigame (the “Site” or “frizigame.com”) OR ANY SOFTWARE, GAMES, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, THE “SERVICE”). BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
DESCRIPTION OF SERVICE; MINIMUM AGE REQUIREMENT
a. Description of Service. frizigame is where friends and games come together. Play hundreds of great games and enjoy.
b. Age Restrictions. frizigame does not target the website or its services to users under 13 of age. There may be certain access restrictions placed on any under 13 year old users. You agree that if you assist users under 13 years old to access the frizigame’s website or services, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences and that UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE NEITHER frizigame, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE BY USERS UNDER 13 YEARS OF AGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MODIFICATIONS TO TERMS
a. Procedure. At any time we may change these Terms, which includes the Privacy Policy and any other agreement that is incorporated by reference into these Terms. We will provide notice to you of any material change in the Terms by posting notice to the Site and sending you an email to the email address that we have on record for you. Your continued use of the Service 30 days after our notice to you of a change in the Agreement will mean that you have agreed to be bound by the amended Agreement.
b. Your Obligation to Stay Current. It is critical that you keep your email contact information correct and updated with frizigame at all times. In addition, we encourage you to check back regularly to review these Terms at least once every thirty days.
MODIFICATIONS TO SERVICE
We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, suspension, discontinuance or removal.
CONTENT
a. Content Protected by Intellectual Property Rights. Any content available through the Service, including games, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of frizigame.
b. User Contact Submissions. When you submit ideas, suggestions, documents, or proposals (collectively, “Submissions”) to frizigame through our “Contact” web page located at contact, you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) if we so choose, frizigame may use and disclose your Submissions in any way; and (iii) frizigame has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
PROHIBITED CONTENT
You must not post to the Service any Content that, as reasonably determined by frizigame, is or appears to be:
(i) untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;
(ii) infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement;
(iii) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information
(iv) unsolicited, undisclosed or unauthorized advertising;
(v) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(vi) data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
(vii) in violation of any applicable local, state, national or international law (including export laws).
PROHIBITED CONDUCT
You must not do, or attempt to do, any of the following, as reasonably determined by frizigame, subject to applicable law:
(i) access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
(ii) access, tamper with, or use services or areas of the Service that you are not authorized to access;
(iii). alter information on or obtained from the Service;
(iv) tamper with postings, registration information, profiles, submissions or Content belonging to frizigame or other users of frizigame;
(v) use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
(vi) frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by frizigame;
(vii) impersonate or misrepresent your affiliation with any person or entity;
(viii) reverse engineer any licensed software, application, games or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
(ix) send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Service or any recipient; or
(x) take any action which might impose a significant burden (as determined by us) on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
MONITORING OF SERVICE CONTENT; RESOLUTION OF USER DISPUTES
a. No Duty to Monitor. We are under no obligation to restrict or monitor Service Content in any way. frizigame DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. However, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of frizigame. frizigame neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service.
b. Right to Resolve Disputes. frizigame has the right but not the obligation to resolve disputes between users relating to the Service and frizigame’s resolution of a particular dispute does not create an obligation to resolve any other dispute. frizigame’s resolution of any dispute is final with respect to the Service.
PROTECTION OF CONTENT
You must respect the intellectual property laws protecting our Service. frizigame grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights. frizigame has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
PRIVACY POLICY
Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you about these Terms or any Content or activities relating to the Service.
TERMINATION OR CANCELLATION
a. Right to Terminate. We may, at any time, without notice to you, terminate your access to the Service, and your Account, or block your access to the Service if we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of frizigame, our users, or any other person.
b. Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
DEALINGS WITH MERCHANTS; LINKS
a. Advertisements and Links. The Service contains advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. frizigame is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, products or services available from such sites. The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk. frizigame’s Privacy Policy is applicable only when you are on our Site. Once you link to another website, its privacy statement applies to any personal information you supply.
b. Transactions with Third Parties. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Service, including “click to purchase,” “co-registration,” and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
DISCLAIMER OF WARRANTIES
frizigame PROVIDES THE SERVICE (INCLUDING THE SUBSCRIPTION SERVICE) “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, frizigame MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, GAMES, SOFTWARE, OR CONTENT INCLUDED IN THE SERVICE. frizigame MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, frizigame EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
COPYRIGHT INFRINGEMENT/DMCA
frizigame respects the intellectual property rights of others and requests that users of the Service do the same. If you believe that your work is being used on the Service in a way that constitutes copyright infringement, you may notify us through our “Contact” web page.
1. the electronic signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
2. identification of the copyrighted work that you claim has been infringed;
3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit frizigame to locate the material (for example, by providing a URL to the material);
4. your name, address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
It is our policy to terminate in appropriate circumstances any Account or user for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account or user for even one instance of infringement. frizigame may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a complaint of copyright infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint.
CUSTOMER SUPPORT
We have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, if you have created an Account and you submit your customer support questions using your Account.
NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, frizigame will give you any notices by posting them on the Site. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You also authorize frizigame to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to the email address that we have on record for you. You will be considered to have received a notice when it is made available to you by posting on the Site or when sent by frizigame via electronic mail, whether or not received by you. frizigame may provide notice to any e-mail or other address that you provide to us. You must keep your address current and any notice sent by frizigame to the address that you have most recently provided is effective notice.
NOTICE REGARDING TRADEMARKS
The trademarks frizigame, and all other trademarks used in the Service are owned or used under license by frizigame. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Service or in any Service content. All rights are reserved.